Izeh v. Arrest Officer
- Laura Swain
- 1:22-cv-09828
- U.S. District Court · Southern District of New York
- 1
In Matthew Izeh v. Judge Neil Rose, Judge Swain dismissed the complaint after Izeh failed to file the required amended complaint.
Matthew Izeh's complaint was dismissed, and his permission to appeal without prepaying filing fees was denied. The opinion does not describe the underlying claims or state any ruling on their merits.
What happened
In Matthew Izeh v. Judge Neil Rose, the court had ordered Matthew Izeh to file an amended complaint within 60 days. The order warned that failing to do so would lead to dismissal.
Izeh did not file an amended complaint. The court dismissed the complaint under the federal statute governing complaints filed without prepaying filing fees.
Judge Laura Taylor Swain also denied Izeh permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith, and directed the Clerk to enter judgment.
The detailed version
- Izeh v. Arrest Officer · No. 1:22-cv-09828
- Laura Swain
- May 12, 2023
Background
The court had previously ordered Matthew Izeh to file an amended complaint within 60 days. That order stated that failing to comply would result in dismissal. Izeh did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion states that the complaint had been filed under the statute allowing a person to proceed without prepaying filing fees. It does not provide additional explanation of the underlying claims or why the court had required an amended complaint.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied Izeh permission to appeal without prepaying filing fees. The Clerk of Court was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.